Kerala High Court upholds conviction of Catholic priest Edwin Figarez for repeatedly raping minor girl

The Kerala High Court recently upheld the conviction of a catholic priest, Father Edwin Pigarez/ Edwin Figarez for the repeated rape of a minor girl between 2014 and 2015 [Fr. Edwin Pigarez v. State of Kerala]..Figarez, who was the vicar of a church when he was booked for the crime, was convicted in 2016 by the Additional Sessions Court, Ernakulam, for committing offences punishable under various sections of Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act)..By a judgment dated February 7, 2024, a division bench Justices PB Suresh Kumar and Johnson John of the Kerala High Court confirmed Figarez's conviction. "No doubt, rape is a crime which has a severe effect on women and the society. A victim of rape suffers from trauma and has to live with it for the rest of her life. Rape is not only a physical offence, rather it is a psychological offence as well. It is an infringement of a person’s right to live a dignified life," the Court said in its judgment..The Court, however, modified the sentence imposed on Figarez from rigorous imprisonment for the remainder of his life to rigourous imprisonment for 20 years without remission."...the court cannot ignore the basic principle of sentencing viz, that the sentence imposed should never exceed that which can be justified as appropriate or proportionate to the gravity of the crime considered in the light of its objective circumstances. The purpose behind this principle is to strike down extremely harsh punishments which are disproportionate to the crime itself. Having regard to the fact that there would certainly be more heinous crimes than the one involved in this case to award the sentence of life imprisonment for rape, we deem it appropriate to modify the sentence imposed on the first accused for the offence of rape, to rigorous imprisonment for a period of 20 years, instead of imprisonment for the remainder of the natural life imposed by the Special Court on the first accused," the Court explained. .The prosecution's case was that the then vicar repeatedly sexually harassed and assaulted the victim-parishioner who was studying in the 8th standard. The priest was accused of taking the then 14-year-old victim to the presbytery and attached bedroom when she would go to church to offer prayers and raping the minor girl on several occasions between January and March 2015.After one such occasion, the minor girl's mother grew suspicious and the child revealed what had been happening to her. A criminal case was then registered against Figarez. After Figarez was convicted and sentenced by the Sessions Court, he moved the High Court in appeal. .The High Court went through the evidence tendered by the minor survivor, her mother, and all the other witnesses, investigating officers and medical experts.It noted that the testimony of the survivor which was primarily relied on by the prosecution to establish its case.The Court said that there was no reason to disbelieve the evidence given by her."The evidence tendered by the victim establishes beyond reasonable doubt that it was the first accused who committed rape and sexual assaults on the victim and also harassed her sexually," the bench said in its judgment.The bench also rejected the contention of the appellant priest that the physical relationship between him and the minor was consensual."Inasmuch as it is established that the victim was a child below the age of 16 years during 2014 and 2015, it is immaterial whether their physical relationship was consensual," the Court said..The High Court considered Figarez's appeal along with an appeal moved by the second accused in the case, one Silvester Pigaruz, who was convicted by the Sessions court under Section 212 of the IPC for harbouring the vicar. The High Court found that there was insufficient evidence to sustain the conviction and, therefore, allowed Silvester's appeal. .Edwin Figarez was represented by Senior Advocate S Sreekumar and advocates R Gitesh, P Martin Jose, MA Mohammed Siraj, Manjunath Menon, P Prijith and Thomas P Kuruvilla. Silvester was represented by advocates Franklin Arackal AR and IJ Augustine. Special Public Prosecutor Ambika Devi S appeared for the State. .[Read Judgment]